Tag: Contract Law
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Excluding the ‘Breach Date Rule’ in Damages for Breach of Contract
It is well-known that a claimant who establishes that the defendant is in breach of contract is entitled to recover, as damages, any loss that was caused and which the defendant knew or ought to have known was likely to be caused by breach. As Professor Burrows explains in Remedies for Tort and Breach of
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The ‘Construction’ of Exclusion Clauses
Late last year, we discussed the interesting approach adopted by English courts to the application of exclusion clauses to deliberate repudiatory breaches of contract. A couple of weeks back, the Court of Appeal decided Kudos Catering v MCCC considering very similar issues and making some highly relevant observations. Kudos Catering involved a catering contract between
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Contract Drafting: Indian Style
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Long term contracts and dispute resolution clauses – Part II
(Part I outlined the facts of Interserve v Katowice, and discussed its findings on variation). After holding that the side/supplemental agreement in this case did not form part of the sub-contract, the High Court movies on to consider the alternative argument based on the implication of terms. Without referring to A-G Belize or any other
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Long term contracts and dispute resolution clauses – Part I
Dispute resolution under long-running contracts with continuing obligations can often pose issues which do not commonly surface in other scenarios. Often when disputes arise under a long-running contract, it is in the interest of both parties to not terminate the ongoing relationship, but settle the dispute either by themselves or by using some form of
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Indemnity clauses and criminal proceedings
Earlier this week, the Court of Appeal decided another interesting case involving contractual interpretation – this time interpreting and determining the scope of an indemnity clause. The case was one of the many fall-outs of the ongoing News of the World (“NOTW”) saga, and involved a claim brought by Mr Coulson, former editor of NOTW,
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Deliberate Repudiatory Breach and Exemption Clauses – Part II
An earlier post discussed the High Court decision in NetTV, which held that there is a presumption against an exemption clause in a contract also applying to deliberate repudiatory breaches, unless the clause was clearly intended to apply to such breaches. However, in a subsequent decision in June last year, Flaux J severely criticised the
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Deliberate Repudiatory Breach and Exemption Clauses – Part I
Earlier this year, the Court of Appeal granted leave to appeal from a decision of Flaux J in Shared Network Services v Nextiraone, on the basis that the case was a good vehicle to resolve an important question of law. Although there is no certainty as to whether this appeal will be heard, and if
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Indemnity clauses in intra-group asset transfers
The English Court of Appeal recently considered an interesting and important issue arising out of an indemnity clause in an agreement for a transfer of assets and liabilities between two wholly owned subsidiaries in a corporate group. Dealing with a scenario not uncommon in intra-group transfers of assets and liabilities, the Court of Appeal in
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The interpretation of time limit clauses in contracts
A claimant approaches a court one day after the limitation* period expires, in the mistaken impression that the limitation period had in fact not expired. This limitation period is set by a clause in a contract that is by no means a model of certainty or clarity. The question is whether the suit is time-barred.
